Army Contracting – Procuring Army Strength
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DAR Council Overviewfor the
SAME DC POST and ACEC/MW Joint Conference
Dina T. JeffersArmy Policy Member to the DAR Council
June 14, 2012
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• Office of the Deputy Assistant Secretary of the Army (Procurement) (ODASA(P))
• Defense Acquisition Regulations (DAR) Council• Regulations• Rulemaking Process• Get Involved• Engineering Related Cases• Questions
Agenda
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Office of the Deputy Assistant Secretary of the Army
(Procurement)(ODASA(P))
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ODASA(P)
• Office of the Deputy Assistant Secretary of the Army (Procurement) – ODASA(P)
• Director: Mr. Kim D. Denver• Mission: World-class leaders that develop and
oversee policies, programs, and people enabling the acquisition of goods and services for the Soldier.
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Executive Director Acquisition of Services
Portfolio Coordination, Data Analysis & Execution
DASA(P)Mr. Kim D. Denver
Operational Contracting Support
Operations
Enterprise Business Systems
Procurement Support
Policy & Oversight
HCA/PARC Operations
Workforce Development
DASA(P) MILDEP
ODASA(P)
Regulations Team Leader Army DAR Council
Member
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DAR Council
• Defense Acquisition Regulations System – DARS • Director: Ms. Linda Neilson• Mission: Develops and maintains acquisition rules
and guidance to facilitate the acquisition workforce as they acquire the goods and services DoD requires to ensure America's warfighters continued worldwide success.
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DAR Council
Responsibilities:Promulgate the DFARS and PGIPromulgate the FAR (in conjunction with CAAC)
Members:Representatives from the Military Services and Defense AgenciesRepresentatives from NASADoD DAR Council Chair
• Chair – DAR Council Director• Members
o Military Departments• Army• Air Force• Navy
o Defense Agencies• Defense Logistics Agency• Defense Contract Management Agency
o National Aeronautics & Space Administration (NASA)
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DAR Council
DAR Council
ARMY NAVY
DLA NASA
DCMAUSAF
Chair
General Counsel Deputy Chair
DARS AnalystsDAU Liaison
DARS Publisher
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Regulations
• Federal Acquisition Regulationo Applies to Federal Government agencieso Required by law and policy
• Defense Federal Acquisition Regulation Supplement (DFARS)o Applies to DoD Componentso Required by law or policy
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Regulations• DFARS Procedures, Guidance and Information
(PGI)o Internal DoD procedureso Companion resource to the DFARSo Not required by lawo Single access-point to internal DoD acquisition
procedures, policy training and class deviations
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Rulemaking Process• Process agencies use to promulgate regulations• Ensures that the public is informed of rules before
they take effect (except interim rules)• Permits opportunity for the public to comment• Agencies analyze and respond to public comments• Types of Rules
o Proposedo Interimo Final
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Sources of FAR/DFARS/PGI ChangesLegislation
IG & GAO Recommendations
Court Decisions
OFPP Policy Letters
Executive Orders
Agency Recommendations
Individual Recommendations
Industry Recommendations
Policy Changes (e.g., USD (AT&L), DPAP)
FARDFARS
PGI
Rulemaking Process
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FAR Council Structure
Rulemaking Process
DFARS Committees
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Rulemaking Process
DFARS Committees
GSA Legal Review
OFPP Review
Public Comment Period (60 days)
Team Report – Evaluate PublicComments and Draft Final Rule
OFPP Review
FAR Final Rule PublishedOIRA Clearance
DARC/CAAC Review(60 days)
GSA Legal Review
FAR Secretariat Publish
(Interim/Proposed)FAC
FAR Secretariat Publish Final in FAC
OIRA Clearance
DARC/CAACReview
15 months
Team Report and Draft Rule
FAR Case Timeline
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Rulemaking Process
DAR Council Review
DAR Editor Review/DoD Approval to Publish
OFPP Review/OIRA Clearance
Public Comment Period (60 days)
Committee Report – Evaluate PublicComments and Draft Final Rule
DAR Council ReviewDAR Editor Review/DoD Approval to Publish
OFPP Review/OIRA Clearance
DARS Editor Publish Final
DFARS Final Rule PublishedDAR Editor Publish (Interim/Proposed)
12 months
DFARS Case Timeline
Committee Report and Draft Rule
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Get Involved
DFARS Committees
• View Federal Register Notices at the Government Printing Office’s Federal Digital System (FDsys): http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR&browsePath=2011&isCollapsed=true&leafLevelBrowse=false&ycord=0
• View Publication Notices on the DPAP website: http://www.acq.osd.mil/dpap/dars/change_notices.html
• View Public Comments at regulations.gov: www.regulations.gov
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Get Involved
DFARS Committees
• Submit input:o Directions provided in Federal Register Noticeo Agency comment (through command channels)
• View FAR case status on the DPAP website : http://www.acq.osd.mil/dpap/dars/far_case_status.html
• View DFARS case status on the DPAP website : http://www.acq.osd.mil/dpap/dars/case_status.html
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• FAR Case 2010-001 Sustainable Acquisition• FAR Case 2010-004 Biobased Procurements• FAR Changes:
o FAR 23.103 Sustainable Acquisitiono FAR 23.902 Contractor Compliance with Environmental
Management Systemso FAR 23.404 Agency Affirmative Procurement Programs
Engineering-related Cases
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• Clauses:o FAR 52.223-19 Compliance with Environmental
Management Systemso FAR 52.223-2 Affirmative Procurement of Biobased
Products under Service and Construction Contracts
Engineering-related Cases
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• Agencies:o Promote sustainable technologieso Implement high-performance sustainable building practiceso 95% of new contract actions to require products that are:
• Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)-designated)
• Water-efficient• Biobased• Environmentally preferable• Non-ozone depleting• Made with recovered materials
Engineering-related Cases
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• Agencies:o Give biobased product preferences unless
• Available only at unreasonable price• Will not meet reasonable performance standards• Unavailable within reasonable timeframe/insufficient competition
o Implement EMSo Establish affirmative procurement program for EPA and
USDA-designated items• Contractors:
o Report USDA-designated biobased products purchasedo Provide EMS informationo Maximum use of biobased products
Engineering-related Cases
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• Challenges:o Products
• Rule focuses on products not services• Perceptions that green products are inferior
o Implementation• Learning Curve
• “Reasonable Price”
• Lack of Uniformity EMS data Multitude of requirements generators Multitude of purchasers Decentralized Credit card buyers
Engineering-related Cases
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• DFARS Case 2011-D046, Utilization of Domestic Photovoltaic Devices
• FAR Changes:o DFARS 225.7017 Utilization of Domestic Photovoltaic
Devices
• Clauses:o DFARS 252.225-7017 Photovoltaic Deviceso DFARS 252.225-7018 Photovoltaic Devices – Certificate
Engineering-related Cases
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• Agencies:o Promote domestic photovoltaic device use
• Buy American Act• Subject to free trade agreement restrictions• Subject to applicable dollar threshold• Covered contracts:
Energy savings performance contracts Utility service contracts Private housing contracts
• Offerors/Contractors:o Use domestic photovoltaic devices when contract results in
DoD ownership of photovoltaic deviceso Certify photovoltaic devices use
Engineering-related Cases
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• Challenges:o Few American photovoltaic device supplierso Domestic photovoltaic devices tend to be expensiveo Still developing implementing guidance (slow)
Engineering-related Cases
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